The C&D

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Archonix
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The C&D

Post by Archonix » Thu Feb 27, 2003 1:33 pm

I'm sure you've noticed the announcement on the main page by now (those of you that haven't, shame on you!  Direct linking is naughty! :P).  The C&D arrived via FedEx thsi morning, and I thought at first it might be a CD (irony) that my brother was sending me from california.  THen I noticed the name of the unholy trinity:

Keats McFarland & Wilson LLP.

Suffice to say, I'm still slightly in shock about this.  But I've complied with their requests.  Sadly, we've lost the Desktops section - for now, at least - and the shop, which never made a profit anyway.  Sorry Dana, no new shirts... :(

Anyway, that's that.  I had assumed that they wouldn't be able to do anything about fanfic and fanart, but apparently they consider that to be infringing as well.  I've not been asked to delete those sections, thank god - what would the site be without them? - but I've had to make a few minor modifications to the Legal notice at the bottom of the page.

I found this bit funny though.  Look at the end of the last page, where Wilson signs it.

http://www.simpworks.com/c&d/page3.jpeg

I got a love letter from a Lawyer. :D
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Re: The C&D

Post by Sheana_Molloy » Thu Feb 27, 2003 2:11 pm

Heh...

The morons.  Nobody knows how to chop away at their own legs better than FOX. ::)

*sniff*  My poor Smitheroth desktop...
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Re: The C&D

Post by Andreas » Thu Feb 27, 2003 2:31 pm

Well, needless to say this C&D letter is ridiculous - maybe even more ridiculous as all the others. While I may understand the thing with the shop, I don't understand the demand of removing the wallpapers - most of them were fanart, actually. Even more delicate: Fox controverts themselves when demanding that Disclaimer "...reproduction, duplication [...] expressly prohibited [...] not authorized by FOX..." while not requesting to remove the fanart (which seem to be "violations" of copyright in their eyes, too  ::) ). Does a proper disclaimer make a copyright infringement more "legal" than without one?  ???
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Re: The C&D

Post by Mel » Thu Feb 27, 2003 2:35 pm

This doesn't surprise me.  Stupid as it is, it doesn't surprise me.
Anyway, since when has F*x delivered quality entertainment, anyway?   ::)
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Re: The C&D

Post by fellranger » Thu Feb 27, 2003 6:31 pm

I didn't think it indicated that they wanted the fan art/fanfics removing.   Perhaps if you just ditch what they specifically requested they'll shut up.   It's a very harsh deal, especially as I though F*X had come to an "arrangment" with the fan sites?    You've got wonder why a big player like F*X is spending money on intimidating a site that can't possibly be causing them any loss of revenue.
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Re: The C&D

Post by gkscotty » Thu Feb 27, 2003 7:45 pm

clearing NA
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Re:The C&D

Post by Archonix » Fri Feb 28, 2003 9:44 pm

Ahh, orrible smileys!

Well I have complied with what they wanted. Hopefully that's enough. :)
Our choicest plans have fallen through, our airiest castles tumbled over, because of lines we neatly drew and later neatly stumbled over.
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Re:The C&D

Post by Jase_to_the_Izzo » Fri Feb 28, 2003 10:35 pm

Booo!

That is all.

Jase
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Re:The C&D

Post by Kwyjibo » Fri Feb 28, 2003 11:57 pm

Shindleria Praematurus wrote: Direct linking is naughty! :P
Direct linking, eh? Eh heh heh heh... :uhdrop:

*receives a nasty piece of snailmail from Graham*
DAWSON & SCOTT LLP
Re: UNAUTHORIZED USE OF SIMPWORKS INTELLECTUAL PROPERTY
You are hereby put on notice that the unauthorized direct linking to Simpworks' proprietary material, constitutes copyright infringement and trademark infringement, and potentially means that you're very, very naughty.

Please understand that if you do not stop using these direct links without delay, we will be forced to take appropriate action against you to have them removed. That means no Christmas presents for you, young man!

Image

Anyway... It doesn't seem that bad.
(And by that I mean, that it seems like it could be a lot worse.)
[...] we must nonetheless request that you prominently display the following on every page of your site exhibiting any of "The Simpsons" images, as well as fan art or fan scripts:
1. Legal Notice
"The Simpsons" TM and © (or copyright) Fox and its related entities. All rights reserved. Any reproduction, duplication or distribution of these images, logos and trademarks from "The Simpsons" in any form is expressly prohibited." and
2. Disclaimer
"This web site, its operators and any content on this site relating to "The Simpsons" are not authorized by Fox."
Uh... Haven't that, like been at the bottom of every page, all the time?
Or did you use slightly different words?
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Re:The C&D

Post by Des Frink » Sat Mar 01, 2003 2:36 am

This really scares me. What does this mean for the rest of us? Are none of our works safe? :-\

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Re:The C&D

Post by delta3030 » Sat Mar 01, 2003 4:40 am

Jase_to_the_Izzo wrote: Booo!

That is all.

Jase
yeah you said it, fox seems to be ruining themselves shutting down focal points were fans can meet, and discuss topics on the simpsons and why the hell would they get rid of the wallpapers section? I guess that if Squaresoft saw that frinky fantasy wallpaper they could shut this place down easily as well eh? I can see it now...

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Shut up
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Re:The C&D

Post by Kwyjibo » Sat Mar 01, 2003 2:59 pm

Des Frink wrote: This really scares me. What does this mean for the rest of us? Are none of our works safe? :-\
Oh, the fan works on the site is "safe" as such. Fox aren't allowed to, e.g., steal ideas from scripts etc.
But they can demand that the work is removed from the public. I. e. close this site.
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Re:The C&D

Post by Karsten_Thiel » Sat Mar 01, 2003 4:56 pm

"Stupider like a fox" indeed...

I just don't understand those people. They make such a fuss about sites that could barely cause them any loss. I must admit, I fear the worst for this site...
Dear Loyal Fans
Shut up
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It's sad because it's true... :(
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Re:The C&D

Post by SirMustapha » Sat Mar 01, 2003 5:46 pm

Aaah, copyright, the cause and solution of all our problems.

Well, as long as they don't force us to bring down the fanfic and fanart (still I mourn the wallpapers. Why the wallpapers?), I believe they *do* have a point, pointless as it might be. :naughty:

After all, they just don't want us to make money on this thing. That's the source of all the fuss, isn't it? The money?

And well, there *is* a disclaimer on here. I just didn't know that two or three different words could make such a difference. ::)
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Re:The C&D

Post by Archonix » Sat Mar 01, 2003 10:57 pm

Two or three words in law can mean the difference ebtween a watertight defence and a loophole as wide as a bus. Seriously. A comma in the wrong place can totally change the meaning of a sentence in law. :screams:
Our choicest plans have fallen through, our airiest castles tumbled over, because of lines we neatly drew and later neatly stumbled over.
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